Jason Rothman v. Equinox Holdings, Inc.

I. INTRODUCTION

The Court finds this motion appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. Local Rule 7-15. On August 7, 2020, plaintiff Jason Rothman filed a class action complaint in Los Angeles Superior Court against defendant Equinox Holdings, Inc. and Does through 100. Dkt. 1- (“Compl.”). Defendant removed the action to this Court on October 23, 2020. Dkt. 1. Plaintiff brings suit on behalf of himself and all others similarly situated who are members of defendant’s Equinox branded fitness clubs (the “Equinox clubs”), located in California, who did not receive a refund of unused membership dues for any period during which the Equinox clubs were closed, from March 2020 to present. Compl. § 28. The gravamen of plaintiff's complaint is that defendant made false and misleading representations in its membership agreement regarding the issuance of refunds for prepaid membership dues in the event of the closure of one or more of its Equinox clubs. Id. □□ 4- 6. In particular, plaintiff asserts claims for: (1) violation of the Consumer Legal Remedies Act, Cal. Civ. Code §§ 1750, et seq.: (2) violation of the California…